NEW INDIA ASSURANCE CO Vs. HEMENT S HANDRE

JUDGEMENT

(1.) THIS appeal has been directed against the order dated 19.4.1993 of the Maharashtra Consumer Disputes Redressal Commission (for short State Commission) in Complaint No. 272/92. The opposite party before the State Commission is appellant before us.

(2.) THE complainant had insured his tempo vehicle with the opposite party -Insurance Company on 19.3.1991. The said vehicle was involved in an accident on 25.4.1991 and the complainant alleged that he suffered damage of his motor vehicle amounting to Rs. 98,320/ -.The incident was reported to the police and also to the opposite party for settlement of his claim of insurance in terms of insurance policy. The complainant alleged that despite his repeated attempts to persuade me opposite party to settle the claim, the latter rejected his claim on the ground that the driver of the tempo was holding "L.M.V. (Motor Car) N.T. Licence". The complainant, therefore, filed a complaint before the State Commission claiming Rs. 98,320/ - as compensation with interest.

(3.) IN the appeal, it has been again pointed out that the driver of the vehicle was holding a licence for a light motor vehicle and not for medium goods vehicle. The appellant's contention is that the vehicle of the respondent complainant was a medium goods vehicle as per Section 2(23) of the Motor Vehicles Act, 1988 (MVA for short) and that in view of the terms and conditions of the policy, the insurance claim is not payable. The appellant has also pointed out that the State Commission accepted as such the loss of Rs. 98.320/ - as claimed by the complainant without any evidence. On the other hand, the extent of damages was duly examined by independent and licenced Surveyors i.e. jointly by M/s. Gargat Surveyors and M/s. United Surveyors and was assessed at Rs. 59,280.50 less cost of salvage valued at Rs. 8,000/ -.